A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On March 18, 2013, the Defendant: (a) drafted an application for a loan to obtain a loan by taking a vehicle as security for the vehicle-backed loan from a modern car business operator who is unable to know the name from the business trip at the time of the instant coffee shop, which is located in the Han-dong, Jeonnam-dong, at the end of March 18, 2013; and (b) concluded that, “If the Defendant loans KRW 20 million out of the sale price of KRW 36.74 million, the Defendant would pay KRW 487,321 each 20th day of each month in the form of equal installment repayment of principal and interest during the period from March 18, 2013 to March 20, 2017.”

However, the Defendant was urged at the time to repay KRW 20 million from the obligee, and the Defendant was thought to have purchased the said vehicle and repaid the gambling debt by means of disposing of it immediately to the obligee of gambling, and even if he was given a loan from the Defendant Hyundai Capital Co., Ltd., the Defendant did not have an intent to pay the purchase fund properly, and there was no other income or property such as there was an occurrence of about KRW 25 million in addition to the above gambling debt, and there was no possibility of paying the said installment.

The defendant had the above business members receive the loan documents at the net Incheon branch of the victim company, and then had the victim approve the loan in the name of the defendant, thereby receiving property benefits equivalent to 20 million won as a loan for automobile purchase from the victim.

Accordingly, the defendant was given property benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written complaint filed by the Hyundai Capital Company, written application for vehicle installment, terms and conditions of loan, consultation table, information inside and outside of the examination house, copy of driver's license, certificate of employment, details of deposit, statement of claim, register of automobiles and protocol of police statement about D;

1. Investigation report (Attachment to the Motor Vehicle Register);

1. Application of Acts and subordinate statutes to investigation reports (the confirmation of the date and time of crimes against loans to this case);

1. Relevant Article 347 of the Criminal Act and the choice of punishment for the crime: Article 347 of the Criminal Act;